DUI

Get Experienced Representation from a Sanford DUI Lawyer

Everyone makes mistakes, but getting behind the wheel while intoxicated can come with serious consequences for you, your family, and anyone else on the road with you.
In Florida, a first-time drunk driving conviction comes with as much as six months behind bars, not to mention fines, temporary license suspension, and potentially increased insurance premiums.

There are two things you need to know: Time is of the essence, and you do not need to go it alone. You only have 10 days from the time of your arrest to appeal your case with the DMV before your license is suspended, and you are no longer able to drive. An experienced defense lawyer can help you take immediate action to protect your rights.

Sanford DUI lawyer Ryan Yadav has helped people across Seminole County fight DUI and related cases head-on, aggressively defending clients in court and working tirelessly to resolve matters without full-blown trials when possible. Ryan can also help you appeal your suspension and request a temporary hardship license, which will allow you to drive legally while your case is pending.

Can the Cops Pull You Over?

Many Florida DUI cases hinge on whether police officers were legally justified in stopping the car in the first place.

An officer must have “reasonable suspicion” to believe that you have committed or are committing a crime to stop you on the street or pull over your car on a highway. DUI cases often begin with a driver being stopped for committing traffic violations, such as:

• Speeding
• Aggressive driving
• Failing to use a turn signal
• Sudden turns and weaving in and out of traffic
• Running a red light
• Driving at night without headlights
• Making wide turns
• Tailgating

A law enforcement officer may also ask you to take field sobriety tests if the officer has reasonable suspicion that the suspect is under the influence. If you smell of alcohol, acknowledge you have been drinking, or exhibit signs of impairment (like bloodshot or glassy eyes and slurred speech), that is sufficient to give the officer reasonable suspicion.

When police officers do not play by these and other rules, any evidence they obtain is likely to be excluded from the case against you. In other words: If the officer did not have a legal basis for pulling you over, the results of a field sobriety test conducted after you were stopped are likely to be thrown out in court.

Probable Cause for Arrest, Breathalyzer, and Other Tests

The standard for arresting a person on suspicion of driving under the influence of alcohol or drugs is higher than for simply pulling over a car. This is critical because the validity of the arrest can impact whether the results of breathalyzer and other tests after an arrest can be used as evidence against you.

A police officer generally must have “probable cause” to believe that you committed the crime to arrest you. Probable cause means that the officer has enough facts and circumstances to reasonably believe that the driver is impaired by alcohol, drugs, or a combination of both while operating a motor vehicle. This standard is higher than reasonable suspicion, but it does not require the proof of guilt “beyond a reasonable doubt” needed to convict a person of a crime.

Cops typically rely on a combination of observations to establish probable cause in Florida DUI cases:

• Erratic or suspicious driving behavior
• Physical signs of impairment
• Field sobriety tests
• Statements by the driver

The officer can arrest you once probable cause is established.

Under Florida’s “implied consent,” drivers in the state are considered to have agreed to take a breath, blood, or urine test if lawfully arrested for driving under the influence of alcohol or drugs. Those who refuse are likely to have their driver’s licenses suspended for one year and face administrative penalties. The penalties increase to an 18-month license suspension and possible jail time for drivers who have previously refused such tests following a lawful arrest.

This is why exploring probable cause is a crucial part of defending a DUI case. If the officer did not have probable cause to arrest you, the officer did not have the right to make you submit to a breath, blood, or urine test. That means the test results cannot be used in the case against you.

Sanford DUI lawyer Ryan Yadav has achieved significant success defending clients in cases involving reasonable suspicion and probable cause. He works tirelessly to ensure that law enforcement officers live up to their responsibilities.

Jail Time and Other Penalties for DUI

The penalties for DUI vary based on several factors, including the number of prior offenses. Jail time and other punishments may also be more severe depending on the driver’s impairment level, whether minors were present in the vehicle, and whether the DUI resulted in injury or death.

First DUI Offense

A first DUI conviction in Florida is typically a misdemeanor, but it carries serious consequences.

• Fines: $500 to $1,000
• Jail Time: Up to six months in jail
• Probation: Up to one year of probation
• License Suspension: 180 days to one year
• Community Service: 50 hours
• Vehicle Impoundment: 10 days
• DUI School: Mandatory completion of a 12-hour DUI course

Although some people convicted of DUI can seek a hardship driver’s license allowing limited driving privileges – such as for commuting to work or school – he or she must first complete an alcohol awareness class. The window for applying for a hardship license is short — typically only 10 days. That means it is crucial to seek the help of a criminal defense lawyer immediately.

Second DUI Offense

The penalties increase substantially for a second DUI conviction:

• Fines: $1,000 to $2,000
• Jail Time: Up to nine months
• License Suspension: Up to five years
• Vehicle Impoundment: 30 days
• Ignition Interlock Device: At least one year

For repeat offenders, the consequences are intensified if both convictions occur within five years of each other.

• Jail Time: Mandatory 10 days
• License Suspension: Mandatory five years

Third DUI Offense

A third DUI offense that occurs within 10 years of a previous conviction is considered a felony.

• Fines: $2,000 to $5,000
• Jail/Prison Time: Up to five years
• License Revocation: Minimum 10 years
• Vehicle Impoundment: 90 days
• Ignition Interlock Device: Mandatory for at least two years

The penalties get steeper when certain aggravating factors are involved. A first-time offender whose blood alcohol content was 0.15% or higher or who had a minor present in the car at the time will see the fine jump to as much as $2,000 and the possible jail time increase to nine months.

Florida law enforcement officers and prosecutors take DUI cases seriously. You should, too, by having an experienced defense lawyer in your corner. Sanford DUI lawyer Ryan Yadav will help you mount an aggressive defense.

Frequently Asked Questions

How Do Police Measure a Driver’s Intoxication?

Cops usually rely on chemical, blood, breath or urine tests to prove alcohol impairment. A person whose blood or breath alcohol level is .08% or higher is considered intoxicated under the law. Officers can also charge a person with DUI if they believe there’s enough other evidence to prove that the person was driving while impaired.

Breathalyzers are one of the most common forms of chemical tests in DUI cases. These devices indirectly measure a person’s BAC by taking a breath sample. Blood tests are considered more reliable, but also more invasive, because they require blood to be drawn from the suspect. Police officers cannot force a person to take a breath or blood test without the person’s consent.

Can I Refuse to Take a Breath Test?

Yes, but there is a catch: You may have your driver’s license suspended for as much as one year to 18 months, depending on your prior record.
That said, the law gives you the right to challenge the suspension in court. If the cops didn’t have the required reasonable suspicion to pull you over or probable cause to arrest you, you cannot have your license suspended for not taking the chemical test.

Because you will likely lose your license if you are convicted of DUI anyway, there is little risk in declining the test.

Do I Need a Defense Lawyer?

You are not required to be represented by an attorney if you are charged with DUI, but there are several good reasons not to try going it alone.

The stakes are high: Not only does a conviction come with possible jail time, fines, and the loss of your license, but it also goes on your record and could impact your job. A seasoned DUI lawyer who understands how cops, prosecutors, and judges approach these cases can help you work to get the charges dropped or reduced.

Fight Back With Help From Sanford DUI Lawyer Ryan Yadav

If you have been charged with DUI in Florida, time is of the essence. DUI lawyer Ryan Yadav can help you understand your situation and begin defending the case right away. Ryan will fight aggressively to help you keep your driving privileges. Call 407-878-7855 or contact us online to schedule a free, no-strings-attached consultation.